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2005 DIGILAW 270 (MP)

K. P. Choubey v. Veena Dave

2005-02-21

DIPAK MISRA

body2005
JUDGMENT The petitioner, husband of Late Padma Tiwari knocked at the doors of M.P. Administrative Tribunal (in short 'the Tribunal') invoking its contempt jurisdiction under section 17 of the Administrative Tribunal Act, 1985 (in short 'the Act') on the foundation that the respondents had committed contempt of Court by not complying with the order passed by the Tribunal O.A. No. 3807/1990. The Tribunal allowed the application. The factum of allowing of the application was communicated to the competent authority of the Department of School Education. Despite correspondences going on between the petitioner and the authorities, though certain steps were taken but the order passed by the Tribunal never reached the concretized and fructified stage in entirety as a consequence of which the petitioner was compelled to approach the Tribunal in Contempt Petition M.A. No. 79/92. The said application was withdrawn with liberty to refile the same. A fresh application was filed forming the subject-matter of M.A. No. 325/1994. The said application faced dismissal as cause title was defective. Time rolled by and with the efflux of time the retiral dues in stage and phases were paid to the petitioner but ripened fruit was not enjoyed by the petitioner. The same led the petitioner to file an application for contempt. After abolition of the Tribunal it has been transferred to this Court. A show cause has been filed by the answering respondents contending inter alia, that various directions given by the Tribunal for payment of retiral dues of the deceased wife of the petitioner have been made but there was delay due to budget allotment and preparation of requisite bills. It is also asserted that the interest on pension has been calculated and sent to the Treasury Officer. As regards the gratuity it is the stance in the show cause that No Objection Certificate regarding vacation of the Government accommodation of the deceased wife was not given so the gratuity amount could not be paid. Reference has been made to the letter dated 28.12.1998 written by the Accounts Officer in the .office of the Director of Estates, Bhopal. A rejoinder affidavit has been filed by the petitioner highlighting the fact that the Tribunal had passed order dated 26.6.1991 and after the expiry of six years and on initiation of number of contempt proceedings wisdom dawned upon the authorities and they started taking action in the year 1997. A rejoinder affidavit has been filed by the petitioner highlighting the fact that the Tribunal had passed order dated 26.6.1991 and after the expiry of six years and on initiation of number of contempt proceedings wisdom dawned upon the authorities and they started taking action in the year 1997. It is asseverated that the order of the Tribunal was absolutely and categorically unequivocal and imperative and there was no impediment to comply with the same. It is put forth that the stand taken that no, 'No Objection Certificate' tendered about vacation of government accommodation is much sound and fury since the petitioner had clearly replied that a sum of Rs. 660/- was demanded towards balance of rental dues for alleged occupation of the government accommodation and the same was paid by him expecting the huge amount of arrears of gratuity which was pending to be cleared would be cleared without any kind of hurdle or demur. A reply has been filed by the respondent No.2 to the Additional submission put forth by the petitioner stating that the delay was not due to them and the petitioner was not entitled for grant of any kind of interest. It is also put forth that there was no delay in payment of arrears of pension inasmuch as the responsibility totally falls on the Treasury Officer, Chindwara. I have heard Mr. S.K. Upadhyay, learned counsel for the petitioner, Mr. S.K. Nagu, learned counsel for respondent No.2. I have also taken, the assistance of Mr. S.K. Yadav, learned Government Advocate. At the very outset it is obligatory to state that Mr. Nagu submitted that though he is representing officers, some of them have been transferred from the Department. Therefore, adequate rectifying measures have to be, taken. The same does not become necessitous as this Court has taken assistance of Mr. S.K. Yadav, learned Government Advocate to invigorate, imbibe, animate and reactivate the officers of the State to carry out the order of the Court. It is submitted by Mr. Therefore, adequate rectifying measures have to be, taken. The same does not become necessitous as this Court has taken assistance of Mr. S.K. Yadav, learned Government Advocate to invigorate, imbibe, animate and reactivate the officers of the State to carry out the order of the Court. It is submitted by Mr. Upadhyay, learned counsel for the petitioner that he had approached the Tribunal while he was in late forties and after overcoming agony, anguish and disaster that fell on him by the death of his life partner believing in the pragmatic principle that living do not die with the dead but recalcitrant and lackadaisical attitude has been exhibited by the authorities despite a clear cut order by the Tribunal, as such action of the authorities is a telescopic intrusion to the emotive sphere of shaken litigant. Learned counsel propounded that to clear the dues the respondents have taken resort to numerous subterfuges which are really not exonerable. It is also urged by Mr. Upadhyay that after the death of the deceased since the petitioner himself is a government servant he had no necessity to occupy the quarter and further had paid the rental dues. It is further submitted that initiation of action in this regard was taken after long lapse of time which shows that the authorities maintained unwarranted silence without any rhyme or reason and thinking that they have to perform Herculean task. Mr. Nagu, learned counsel appearing for the respondent No. 2 submitted that, all dues have been paid except gratuity because 'No Objection Certificate' regarding government accommodation could not be made available to the competent authority at correct point of time. On a perusal of chronology of event it is clear as day that there had not been proper progress in computation of the retiral dues of the wife of the petitioner despite the order passed by the Tribunal. As is it is quite patent and demonstrably manifest that each one tried to pass the buck to the other those there has to be sacrosanet responsibility in carrying out the order of a legal forum. It appears that the calculation measures commenced after long lapse of time. As on today the gratuity has not yet been paid. The explanation given is an epitome of python movement of a file. It appears that the calculation measures commenced after long lapse of time. As on today the gratuity has not yet been paid. The explanation given is an epitome of python movement of a file. Some may harbour a mythical notion that movement of file can arrest time but when life moves and rights of a person are affected the sorrows of life creates larger shadow and if I may be permitted to say, despite sunset the shadow grows larger. The movement of file should not murder the fruits of ripened right's red-tapism has to be totally ostracized from the 'sphere of administration more so, when the officers, deal with the claims of retired employee or claims of an employee who have breathed their last. A sense of psychographic awareness should prevail. In the case at hand the whole gratuity has not been paid because 'No Objection Certificate' for sum of Rs. 660/- has not been produced. It is to wit this fact was also belatedly intimated to the petitioner. It is not only reprehensible but in a way creates an incurable concavity in dealing with the matters by the persons who are to act promptly. As all the amount have been paid and only gratuity is left I sought the assistance of Mr. S.K.Yadav, learned Government Advocate so that the amount should be paid and grant of relief by a Court of law cannot be given the status of paper tiger. It has to roar in animation. Mr. S.K. Yadav learned Government Advocate submitted that gratuity amount shall be disbursed by the end of April, 2005. He had undertaken to send a copy of the order passed today to the competent authority in the Department of Education. This Court hopes and trusts that the said officer shall graduate himself to the realm to know how punctuality has to be maintained and promptitude is to be adhered to while complying wish the order of a legal forum. Laxity in these areas is absolutely impermissible. Any deviancy shown would not only invite the wrath of the majesty of law but also usher in the disaster in the career of the officer which can be symbolically equivalent to a natural calamity like Tsunami. With the aforesaid direction the MCC stands disposed of. Order accordingly.